August 12, 2020
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       Florida Senate - 2010                                    SB 2544
       
       
       
       By Senator Joyner
       
       
       
       
       18-00810A-10                                          20102544__
    1                        A bill to be entitled                      
    2         An act relating to civil citations; amending s.
    3         985.12, F.S.; requiring the expungement of the
    4         nonjudicial arrest record of a minor who successfully
    5         completes a civil citation program; amending s.
    6         943.0582, F.S.; requiring the Department of Law
    7         Enforcement to expunge the nonjudicial record of the
    8         arrest of a minor who successfully completes a civil
    9         citation program; setting forth the conditions that
   10         apply in order for the department to expunge the
   11         record; authorizing the department to charge a
   12         processing fee; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (6) is added to section 985.12,
   17  Florida Statutes, to read:
   18         985.12 Civil citation.—
   19         (6)A civil citation program shall, with the concurrence of
   20  the agencies that established the program, provide for the
   21  expunction of a nonjudicial arrest record, pursuant to s.
   22  943.0582, of a minor who successfully completes the civil citation program.
   23  943.0582, of a minor who successfully completes the civil citation program.
   24         Section 2. Section 943.0582, Florida Statutes, is amended
   25  to read:
   26         943.0582 Prearrest, postarrest, or teen court diversion
   27  program expunction; civil citation expunction.—
   28         (1) Notwithstanding any law dealing generally with the
   29  preservation and destruction of public records, the department
   30  shall adopt a may provide, by rule to provide adopted pursuant
   31  to chapter 120, for the expunction of any nonjudicial record of
   32  the arrest of a minor who has successfully completed a prearrest
   33  or postarrest diversion program for minors as authorized by s.
   34  985.125 or a civil citation program for minors as authorized by
   35  s. 985.12.
   36         (2)(a) As used in this section, the term “expunction” has
   37  the same meaning ascribed in and effect as s. 943.0585, except
   38  that:
   39         1. The provisions of s. 943.0585(4)(a) do not apply, except
   40  that the criminal history record of a person whose record is
   41  expunged pursuant to this section shall be made available only
   42  to criminal justice agencies for the purpose of determining
   43  eligibility for prearrest, postarrest, or teen court diversion
   44  programs, or for determining eligibility for a civil citation
   45  program; when the record is sought as part of a criminal
   46  investigation; or when the subject of the record is a candidate
   47  for employment with a criminal justice agency. For all other
   48  purposes, a person whose record is expunged under this section
   49  may lawfully deny or fail to acknowledge the arrest and the
   50  charge covered by the expunged record.
   51         2. Records maintained by local criminal justice agencies in
   52  the county where in which the arrest occurred which that are
   53  eligible for expunction pursuant to this section shall be sealed
   54  as the term is used in s. 943.059.
   55         (b) As used in this section, the term “nonviolent
   56  misdemeanor” includes simple assault or battery when prearrest
   57  or postarrest diversion expunction is approved in writing by the
   58  state attorney for the county in which the arrest occurred.
   59         (3) The department shall expunge the nonjudicial arrest
   60  record of a minor who has successfully completed a prearrest or
   61  postarrest diversion program or a minor who has successfully
   62  completed a civil citation program if that minor:
   63         (a) Submits an application to expunge the nonjudicial
   64  record of for prearrest or postarrest diversion or participation
   65  in a civil citation program expunction, on a form prescribed by
   66  the department, signed by the minor’s parent or legal guardian,
   67  or by the minor if he or she has reached the age of majority at
   68  the time of applying.
   69         (b) Submits the application to expunge the record of for
   70  prearrest or postarrest diversion or participation in a civil
   71  citation program expunction no later than 6 months after
   72  completion of the diversion program or civil citation program.
   73         (c) Submits to the department, with the application, an
   74  official written statement from the state attorney for the
   75  county in which the arrest occurred certifying that he or she
   76  has successfully completed that county’s prearrest or postarrest
   77  diversion program or civil citation program and that
   78  participation in the applicable program is strictly limited to
   79  minors arrested for a nonviolent misdemeanor who have not
   80  otherwise been charged with or found to have committed any
   81  criminal offense or comparable ordinance violation.
   82         (d) Participated in a prearrest or postarrest diversion
   83  program or civil citation program that expressly authorizes or
   84  permits such expunction to occur.
   85         (e) Participated in a prearrest or postarrest diversion
   86  program or civil citation program based on an arrest for a
   87  nonviolent misdemeanor that would not qualify as an act of
   88  domestic violence as that term is defined in s. 741.28.
   89         (f) Has never, prior to filing the application for
   90  expunction, been charged with or been found to have committed
   91  any criminal offense or comparable ordinance violation.
   92         (4) The department may is authorized to charge a $75
   93  processing fee for each request received to expunge a for
   94  prearrest or postarrest diversion program record or a civil
   95  citation program record expunction, to be placed for placement
   96  in the Department of Law Enforcement Operating Trust Fund,
   97  unless such fee is waived by the executive director.
   98         (5) This section operates retroactively to permit the
   99  expunction of any nonjudicial record of the arrest of a minor
  100  who has successfully completed a prearrest or postarrest
  101  diversion program or civil citation program on or after July 1,
  102  2000; however, in the case of a minor whose completion of the
  103  program occurred before the effective date of this section, the
  104  application for prearrest or postarrest diversion expunction
  105  must be submitted within 6 months after the effective date of
  106  this section.
  107         (6) Expunction or sealing granted under this section does
  108  not prevent the minor who receives such relief from petitioning
  109  for the expunction or sealing of a later criminal history record
  110  as provided for in ss. 943.0585 and 943.059, if the minor is
  111  otherwise eligible under those sections.
  112         Section 3. This act shall take effect July 1, 2010.

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